Consequently, on the following day, December 13th, it sends to Marseilles for four hundred men of the Swiss Guard commanded by Ernest, and four hundred National Guards, adding to these the National Guard of Aix, and orders this company to protect the prison against any violence. But, along with the Marseilles National Guards, there came a lot of armed people who are volunteers of disorder. On the afternoon of the 13th the first mob strives to force the prison, and the next day, fresh squads congregate around it demanding the head of M. Pascalis. The members of the club head the riot with "a crowd of unknown men from outside the town, who give orders and carry them out." During the night the populace of Aix are tampered with, and the dikes all give way at the same moment. At the first clamors the National Guard on duty on the public promenade disband and disperse, while, as there is no signal for the assemblage of the others, notwithstanding the regulations, the general alarm is not sounded. "The largest portion of the National Guard draws off so as not to appear to authorize by its presence outrages which it has not been ordered to prevent.
Peaceable Citizens are in great consternation;" each one takes to flight or shuts himself up in his house, the streets being deserted and silent. Meanwhile the prison gates are shattered with axes.
The procureur-syndic of the department, who requests the commandant of the Swiss regiment to protect the prisoners, is seized, borne off, and runs the risk of losing his life. Three municipal officers in their scarves, who arrive on the ground, dare not give the order required by the commandant. At this decisive moment, when it is necessary to shed blood and kill a number of men, they obviously fear to take the responsibility; their reply is, "We have no orders to give." - An extraordinary spectacle now presents itself in this barrack courtyard surrounding the prison. On the side of the law stand eight hundred armed men, four hundred of the "Swiss" and four hundred of the National Guard of Marseilles. They are drawn up in battle array, with guns to their shoulders, with special orders repeated the evening before at three different times by the municipal district and departmental authorities and they have the sympathies of all honest people and of most of the National Guard.
But the legal indispensable phrase does not pass the lips of those who by virtue of the Constitution should utter it, and a small group of convicts are found to be sovereign. -- The three municipal officers are seized in their turn under the eyes of their own soldiers who remain motionless, and "with bayonets at their breasts they sign, under constraint, the order to give up M. Pascalis to the people." M. de la Roquette is likewise surrendered. "The only portion of the National Guard of Aix which was visible," that is to say, the Jacobin minority, form a circle around the gate of the prison and organize themselves into a council of war. And there they stand; at once "accusers, witnesses, judges, and executioners."A captain conducts the two victims to the public promenade where they are hung. Very soon after this old M. de Guiramand, whom the National Guard of his village have brought a prisoner to Aix, is hung in the same manner.
There is no prosecution of the assassins. The new tribunal, frightened or forestalled, has for some time back ranged itself on the popular side; its writs, consequently, are served on the oppressed, against the members of the assaulted dub. Writs of arrest, summonses to attend court, searches, seizures of correspondence, and other proceedings, rain down upon them. Three hundred witnesses are examined. Some of the arrested officers are "loaded with chains and thrust into dungeons." Henceforth the club rules, and "makes everybody tremble."[48] "From the 23rd to the 27th of December, more than ten thousand passports are delivered at Aix." "If the emigrations continue," write the commissioners, "there will be no one left at Aix but workmen without work and with no resources. Whole streets are uninhabited. . . . . As long as such crimes can be permitted with impunity fear will drive out of this town every one who has the means of living elsewhere." - ?Many come back after the arrival of the commissioners, hoping to obtain justice and security through them. But, "if a prosecution is not ordered, we shall scarcely have departed from Aix when three or four hundred families will abandon it. . . . And what man in his senses would dare guarantee that each village will not soon have some one hung in it? . . . Country valets arrest their masters.
. . . The expectation of impunity leads the inhabitants of villages to commit all sorts of depredations in the forests, which is very harmful in a region where woods are very scarce. They set up the most absurd and most unjust pretensions against rich proprietors, and the fatal rope is ever the interpreter and the signal of their will." There is no refuge against these outrages.
"The department, the districts, the municipalities, administer only in conformity with the multiplied petitions of the club." In the sight of all, and on one solemn day, a crushing defeat has demonstrated the weakness of the government officials; and, bowed beneath the yoke of their new masters, they preserve their legal authority only on the condition that it remains at the service of the victorious party.
_____________________________________________________________________Notes:
[1] Festivals approving the federation of all the National Guards in France. (SR.)[2] See the address of the commune of Paris, June 5, 1790. "Let the most touching of all utterances be heard on this day (the anniversary of the taking of the Bastille), Frenchmen, we are brothers! Yes, brothers, freemen and with a country!" Roux et Buchez, VI. 275.
[3] Buchez and Roux, IV. 3, 309; V. 123; VI. 274, 399. -Duvergier, Collection of Laws and Decrees. Decree of June 8 and 9, 1790.